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Full text of "Medical Jurisprudence And Toxicology"

DISCIPLINARY  CONTROL

outside British India which, are included in the second schedule,3 and are
considered sufficient qualifications for enrolment on any Provincial Medical
Register. The Medical Council is also empowered to complete or enter into
negotiations with the authority in any State or country outside British India
which by the law of such State or country is entrusted with the maintenance
of a register of medical practitioners, for the settling of a scheme of recipro-
city for the recognition of medical qualifications, and in pursuance of any
such scheme the Central Government may, by notification in the official
Gazette, amend the second schedule so as to include therein any medical
qualification which the Council has decided should be recognized.4

DISCIPLINARY  CONTROL

Under the Medical Act, 1950, the Medical Disciplinary Committee
instead of the General Medical Council exercises disciplinary control over
registered medical practitioners in virtue of the twenty-ninth section of the
Medical Act, 1858, as amended by the Medical Act, 1950, which provides
that—

" If any registered medical practitioner shall be convicted by any court
in the United Kingdom or the Republic of Ireland of any felony, mis-
demeanour, crime or offence, or shall, after due inquiry, be judged by the
General Council to have been guilty of infamous conduct in any professional
respect, the General Council may, if they see fit, direct the Registrar to
erase the name of such medical practitioner from the Register.

(2) In any inquiry under the said section twenty-nine whether a
person has been, guilty of infamous conduct in any professional respect, any
finding of fact which is shown to have been made in any matrimonial
proceedings in the United Kingdom or the Republic of Ireland, being
proceedings of the High Cpurt or the Court of Session or on appeal from a
decision in - such proceedings, shall, be conclusive evidence of the-fact
found."

Infamous conduct is a technical legal expression, and means " disgraceful-
or dishonourable " conduct in a qualified professional person acting as such.
What constitutes the disgraceful or dishonourable conduct has ^ often ^ been a
controversial point in a court of law. Sir Donald Mac Alister in 1892
defined it as follows : —

" If it is shown that a medical man, in the pursuit of his profession, has
done something with regard to which it would be reasonably regarded as

3.   Ibid., pp. 12, 13 and 14.

4.   Consequent on the constitutional changes occurring on the 15th August 1047 no
separate amending Act-has been passed for-the Indian Medical Council" Ac% 1933, "but
lie Indian Independence   (Adaptation  of  Central Acts  and  Ordinances)   Order,   1948,
includes the following amendments which restrict the application of that Act to the
Dominion of' India only: —

The Indian Medical Council Act, 1933.

Section 2. In clause (a), for "British Indian University'* substitute "Indian Univer-
sity " and omit " in British India ".

Section 3. In sub-section (1), in clause (b) omit "British" and in clause (c) for **a
British Indian University" substitute "an Indian University".

Section 5. In sub-section (1), for " a British Indian University " substitute " an Indian
University ",

Section 11. In sub-section (1), for " British India" substitute " the Provinces of
India", and in sub-section (2), for " British India" substitute " a Province of India '*.

Section 20.   In sub-section 1 (1), omit " established by Letters Patent of the Crown**.

The First Schedule in the heading for "British India", substitute "the Provinces of
India" and omit all entries relating to Punjab University.

The Second Schedule. In the heading for "British India" substitute "the Provinces
of India" and after the entry relating to New Zealand, insert the following entr^:-— ^

"PAKISTAN".                                                                              .          ,     -      •*   .

Punjab University L.M.S., M.R, and M.B., B.S., M,D^ M.S.U. West .Punjab.